On The Realization Of Trial Centralism In Our Country

Trial center doctrine is the modern democratic country under the rule of law recognized principles of criminal justice,is considered to be "visible justice judicial" basic guarantee.This paper mainly discusses the implementation in our country the theory and practice of the trial.In the aspect of theory,to define the basic connotation of the trial and to explore in our country to realize the significance of trial;In practice,first of all,through the comparison research method,to foreign criminal judicial trial center at every stage of the investigation,prosecution or trial performance for a general summary.Second,analyzed our country present stage obstacles facing trial center doctrine,and finally,on the basis of theoretical study,draw lessons from foreign experience,based on its national conditions,according to the existing problem,put forward to realize trial center doctrine of all aspects of the measures should be taken.The basic connotation of trial mainly includes three aspects: the structure of criminal action in longitudinal,trial at the center position,investigation,prosecution stage is conducted in order to ensure the smooth operation of the trial and preparation;Trial control distinguishes between the two sides in the confrontation,which is dominated by the judicial equality trial subject among the structure of a transverse action,after hearing debate centered on the basis of ruling the prosecuting and defending parties;In the trial level system,the fact that should be centered on the first trial.Trial center doctrine in our country is advantageous to the security of the entity justice and procedure justice,and can effectively restrain the expansion of public power.But the realization of the trial center doctrine in our country at present stage is also facing some obstacles,these obstacles include the criminal judicial idea wrong,certain aspects of the judicial system is not reasonable,and the defects of the system of criminal procedure,among them,the defects of our country's criminal lawsuit system itself is the root cause.In criminal litigation in our country,investigation,prosecution stage is not in the service of the trial,but through collaboration to handle criminal cases;Is not centered on the trial stage,but in investigation stage as the center;On the premise of this criminal action structure and mechanism,coupled with the lack of the prosecuting and defending parties confrontation,the trial will only become a mere formality;At the same time,our country's criminal procedure,the first instance to the facts of the case that role is often overlooked.Trial center socialism in our country achieve nationhood,also related to the lack of certain justice idea,such as "crime",light "the protection of human rights",attaches great importance to the legal entity as a result,ignore the application of the judicial justice and impact on China's criminal justice "presumption of guilt" still exists.Includes,of course,some external systems and mechanisms of restriction,the procuratorial organs of the trial supervision system and the trial political restriction broke the adversarial trial pattern,threatening to exercise jurisdiction independence and fair,peer status,the loss of the prosecuting and defending parties,is not conducive to realize judicial justice,in the end,the trial of criminal proceedings cannot guarantee the final status.In order to achieve the trial center,starting from the actual situation of China,combined with the development of China's criminal judicial status quo,in view of the factors hindering the research on the trial center doctrine to realize,and how to reform and perfect,establish scientific and rational criminal justice idea,adjust and perfect the existing judicial system,and reasonable and effective reform of the criminal justice system.